In the CJ@ya[Court of - States of Jersey and... · (ii) ensuring that ... tenn is court to East" In...

In the CJ@ya[Court of Jersey Samedi Division

In the year two thousand and seventeen, the fifth day of December.

Before the Judicial Greffier.

Upon the application of Her Majesty's Attorney General, IT IS ORDERED that the

Planning Obligation Agreement between The Chief Officer for the Environment and Klaus

Martin Jensen in relation to North Point (formerly Wolfs Caves Bar & Restaurant), La Rue

de Fremont, StJohn, be registered in the Public Registry of this Island.

LOD

Reg. Pub.

Greffier Substitute

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•

Planning Obligation Agreement under Article 25 of the Planning and Building (Jersey)

Law 2002 relating to the development of

North Point, formerly known as Wolfs Caves Bar and Restaurant, La Rue de Fremont, StJohn

Dated : ~'111 ~hu' 2017

Between

The Chief Offi<:Gr for the Environment (1)

and

Klaus Martin Jensen (2)

Law Officers' De.partment

Morier House,

ST. HELlER

Jersey

JE11DD

0

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2015

PARTIES

(1) The Chief Officer for the Environment of South Hill, st Helier, Jersey. JE2 4US (hereinafter called "the Chief Officer")

AND

(2) Klaus Martin Jensen. of Heimhuder Stra~e 74, 20148 Hamburg, Germany. (hereinafter called "the OWner")

RECITALS

A The Owner warrants that he is the owner In perpetuity (a fin d'Mntage) or the Site.

B The Owner has submitted the Application.

C Pursuant to Article 9(5)(b) of the Law the Chief Officer referred the Appllcatlon for the Development to the Planning Applications Committee for determination by that Committee.

D .Having regard to the purpose of the Law, the Island Plan 2011 and an other materfal considerations the Planning Applications Committee at its meeting on 1.,.. September

2015 resolved to approve the grant of planning permls.slon for the Development subject to the completion of this Agreement so that provision will be made for regula ling or facmtating the development or use of the Site In the manner hereinafter appearing and without which planmng permission would not be so gran led

E As a result of the Application and consequential upon the approval of the Application, it is considered expedient in the interests of proper planning that provfs.on should be made ror:

(i) secunng the Implementation of the Landscape Management Plan;

(ii) ensuring that the Staff and Guest Accommodation is used solely for purposes

anclllary to the main house and not let or sold separately therefrom

(Iii} ensuring that the part of the North Coast Footpath crossing the Site Is made

available to the general public at all Umes.

D The parties have agreed to enter into this Agreement in order to secure the planning

obligations contamed 1n this Agreemenl

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E The parttes acknowledge that this Agreement is legally binding.

OPERATIVE PART

NOW IT IS AGREED AS FOLLOWS:-

1 DEFINITIONS

For the purposes or this Agreement the following expressions in the left hand column shaJI have the meanings set agamst them in the right hand column:-

"Application•

· c hief Officer'

•commencement"

"Development•

the application for planning permission In respect of

the Site submitted by the Owner for the

Development and allocated reference number

P/201510450 .

the person appointed from time to time as the chter

executive officer (or equivalent) of the

administration or the States responsible for planning

and building in accordance with Article 1 of the Law

the date on which any use or operation forming part

of the Development begins to be earned out

pncludlng for the avoidance of any doubt operations

consisting of demolition works,) but not Including

operations being site clearance, tree removal.

archaeological investigations, Investigations for the

purpose of assessing ground conditions, remedial

wor11 tn respect or any contaminaf100 or other

adverse ground conditlons. diverston and laying of

services, erection of any temporary means of

enclosure, the temporary display or site notices of

advertisements and the words ·commence" and

•commenced" shall be construed accordingly.

the development of the Stte to "Construct 1 No. six

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bedroom house and 1 No one bedroom guest

cottage with associated landscaping and vehicle

access onto La rue de Fremont Construct 1 No.

swimming pool and pool house with associated

terracing. Construct 1 No. tennis court to East" In

accordance with the Planning Permit

"Footpath Agreement" an agreement with lhe Public for the use of the North

Coast Footpath substantially In the fotm set out In

Schedule 6.

"Interest"

"Landscape

Management Plan·

interest at three per cent (3%) above the base

lending rate of HSBC Bank Pic from time to Ume.

the landscape management plan attached hereto as

Schedule 7 and Includes any variations and

amendments thereto or any substitutiOn thereof

"l.aw" the Planning ahd Building (Jersey) Law 2002.

"Map" the Jersey digital map

"North Coast Footpath" the foot path established by the Public of the Island

of Jersey along the north coast of Jersey part of

which identified on the plan attached as Schedule 5

crosses the norther extremity of the Site

"Occupation"

"Planning Permit"

occupation for the purposes petmtlted by the

Planning Penni\ but not Including occupation by

personnel engaged in construction, fitting out or

decoration or occupation for marketing or display or

occupation In relation to security operations and the

words 'Occupy' and 'Occupied' shall be construed

accordingly.

the planning permission granted for the

Development pursuant to the AppllcaUon, a copy of

which is attached as Schedule 1. and includes any

variations and amendments thereto or any

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..

"Pub lic"

"Site"

' Site Plan·

"Staff and Guest

Accommodation"

substitution thereof.

the Public of the Island

all that immoveable property now generally known

as North Point and previously known as] 'Wolfs

Caves Bar and Restaurant", La Rue de Fremont, St

John. Jersey including the lands and fields known

as Le Trebouel du Nord and Le Trebouet du Sud

bearing the number 639 on the Map, La Lande

bearing the number 8~9 on the Map and Les

Allotins beanng the number 638 on the Map

together with the land. roadway and Issues, being

the 1"' and 2"" corpora fundi acquired by the OWner

on 20 December 2013 (Public Registry Reference

("PRR") BoOk 1324 Folio 316) and the land acquired

by the OWner by a further contract of purchase

dated 8 May 2015 (PRR Book 1349 foOo 559) the

whole joining together end being all that land

indicated for the purposes or Identification only by

diagonal hatching on the Site Plan and being the

land against which this Agreement may be enforced

the plan attached as Schedule 2

the separate one bedroomed unit shown hatched

blue on Drawing SK15 and the staff accomrTJO(!atlon

shown hatched red on Drawings SK14 and SK15

(both attacned at Schedule 8) forming part of the

Development to be occupied by guests or staff or

the OWner

2 CONSTRUCTION OF THIS AGREEMENT

2.1 Where In this Agreement reference is made to any Clause, Paragraph or Schedule or

Recital Sl.fch reference (unless the context otherwise requires) is a reference to a

clause, paragraph or schedule or recital In this Agreement.

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2.2 Words Importing the singular meaning where the context so admits Include the plural

meaning and vice versa

2.3 Words or the masculine gender Include the feminine and neuter genders and words denoting actual persons include companies, corporations and llrms and all such words shall be constructed Interchangeable in that manner.

2.4 Wherever there Is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and against each individually unless there is an express proVIsion otherwise.

2.5 Any reference to a law of the States of Jersey shall include any mo<l•flcation, extenslon or re-enactment of that law for the time being in force and shall Include all instruments, orders, plans, 19gulallons. permissions and directions for the time being

made, issued or given under that Law or deriving vaf!dlty from it.

2.6 References to any party to this Agreement shall includes the successors In IItie to that party and to any deriving title through or under that party and In the case of tha Chief

Officer the successors to his statutory functions.

2. 7 This Agreement shall be constructed so as to give effect to the purpose of the Law.

3 LEGAL BASIS

3.1 Th1s Agreement is made pursuant to Article 25 of the Law.

3.2 The covenants, restrictions and requirements Imposed upon the Owner under this Agreement create planning obligations pursuant to Article 25 of the Law end are

enforceable by the Chief Officer against the Owner.

4 CONDITIONALITY

This Agreement Is conditional upon and shall not have effect until all or the following conditions are fulfilled;

4 1 this Agreement being registered in the Royal Court as evidenced by an Act of the said Court and thereafter enrolled In the Public Registry of Contracts;

4.2 the grant or the Planmng Permit;

4.3 the Commencement of the Development;

save that the provisions or Clause 11 .1.(jurlsdiction) shall come Into effect

Immediately

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5 THE OWNER'S COVENANTS

5 1 The Owner covenants and agrees with the Chief Officer as set out In Schedule 3 to

the Intent tl'lat this Agreement shall be enforceable without limit of lime against the

Owner and any person claiming or deriving liUe through or under the Owner of the

Site or any part or parts thereof.

6 THE CHIEF OFFICER'S COVENANTS

6.1 The Chief Officer covenants with the Owner as set out in Schedule 4 to the mtent that

this Agreement shall be enforceable without hm1t of time against the Chief Officer by

any person claiming or deriving title through or under the Owner of the Site or any

part or parts thereof.

7 PUBLIC REGISTRY OF CONTRACTS

7.1 The Chief Officer shall as soon as practicable apply to the Royal Court for an order

that this Agreement be registered in the Public Registry of Contracts.

8 MISCELLANEOUS

8. 1 Any notJce or cornmumcalion to the Chief Officer pursuant to the provtsions or th1s

Agreement shall be deemed to have been properly served if sent by ordinary post to and addressed to the Director at Planning and Building Services, South Hill. St Heller

Jersey. JE2 4US or such other address In the Island of Jersey as otherwise notified

by the Chief OffiCE!r to the Owner by notice In writing.

8.2 Any notices or communication to the Owner shall be deemed to have been property

served If sent by ordinary post to and addressed to the Owner at Ogler 44 Esplanade.

Sl Heller. Jersey JE4 9WG or such other address In the Island of Jers-ey as otherwise

notified to the Chief Officer by the Owner for the purpose by notice in writing.

8.3 Insofar as any clause or clauses of this Agreement are found (for whatever reason) to

be 1nvalid illegal or unenforceable then such invalidity illegality or unenforceability

shall not affect the validity or enforceability of the remaining provisions of this

Agreement.

6

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8.4 This Agreement shall cease to have effect (insofar only as it has not already been

complied with) if the Plannmg Permit shall be quashed. revoked or otherwise

withdrawn or (without the consent of the Owner) it is modified by any statutory

procedure or exp1res poor to the Commencement of the Development

8.5 No person shall be liable for any breach of any or the planning obligations or other

provisions of this Agreement after it shall have parted with its entire interest in the Site

but without prejudice to liability for any subsisting breach arising prior to parting with

such Interest.

8.6 Nothing in this Agreement shall prohibit or limit the right to develop any part of the

Site in accordance with a planning permission (other than the Planning Permit)

granted (whether or not on appeal) alter the dale or this Agreement

8. 7 Except in so far as legally or equitably permitted this Agreement shall not prejudice or

fetter or affect any statutory power discretion or duty of the Chief Officer and without

prejudice to the generality of the foregoing Ills agreed between the parties hereto that

any benefit or power conferred on the Chief Officer by any of the obligations or

covenants by the Owner in favour or the Chief Officer under this Agreement are 1n

addition to any of the Chief Officer's statutory powers under the law.

8.8 Nothing contained llerein shall be construed as obviating the need for the Owner to

obtain or acquire from any third party 1n respect of the Development or its use any

requ1red consents permits authonsatlons rights Interests In the land or servitudes.

8.8 Save as otherwise provided tn this Agreement, this Agreement shall not be construed

or Interpreted 1n such a way or any mference to be drawn so as to place or create a

duty of care upon the Chief Officer as a result of the Chief Officer agreeing to accept

the covenants agreements and undertakings on the part of the Owner as contained

herein.

8.10 Save as otherwise provided in this Agreement, the Owner shall not be entitled to any

costs or compensation as a result of the making of this Agreement and the obllgaUons

contained herein.

8.11 All communica!Jons and notices served or made under this Agreement shall be in

wnling

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9 WAIVER

9.1 No wa1ver (whether expressed or implied) by the Chief Officer of any breach or

default In performing or observing any of the covenants terms or conditions or this

Agreement shall constitute a continuing waiver and no such waiver shall prevent the

Chief Officer from enforcing any of the relevant terms or condiUons or for act.lng upoo

any subsequent breach or default.

10 INTEREST

10.1 If any payment due under this Agreement IS paid late. Interest will be payable from

the date payment is due to the date of payment.

11 J URISDICTION

11 .1 This Agreement is governed by and interpreted In accordance with the law of the

Island of Jersey.

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SCHEDULE 1

Form of Planning Permit

9 PROP·~1

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Planning Application Number P/2015/0450

Draft Decision Notice PLANNING AND BUILDING (JERSEY) LAW 2002

In accordance w ith Article 19(8) of the Planning and Building Law 2002, as representations were made in connection with this application, this decision shall not have effect during the period of 28 days immediately after the decision date.

This permission enures (unless otherwise stated) for the bene1it of the land to which il relates and of each person lor the time being having an estate or Interest In that land.

This decision does not absolve the parttes concerned from obtaining, nor does It overrule, any other permission that may be required under any other taw. In addition. It does not overrule any private property rights, nor does It absolve the need to obtain the permission ol the owner of the land to which this permission relates.

This is notification of the decision to GRANT permission to develop land under Article 19 of the Planning and Building (Jersey) Law 2002;

In respect of the following development: Construct 1 No. six bedroom house and 1 No. one bedroom guest cottage with associated landscaping and vehicle access onto La Rue de Fremont. Construct 1 No. swimming pool and pool house with associated terracing. Construct 1 No. tennis court to East.

To be carried out at: Wolf Caves, La Rue de Fremont. St. John.

Reason For Approval : Planning Permission has been granted following careful consideration of the application. the policies o'f the Island Plan, the representations made and the extant planning permission.

The site lies within the Coastal National Park wherein there is a strong presumption against development, but where Island Plan policy NE6 does allow for the redevelopment of commercial sltes subject to set criteria. The scheme achieves a significant reduction In the intensity of the use of the site, and includes a range of environmental improvements. The development proposed in place of the original commercial buildrng on the site. is considered to be or a high standard of design.

It Is recognised that the buildings are larger than that which they replace, but it is also recognised that there is a live planning permission on the site for an alternative style and scale of dwelling. This is a material planning consideration.

It Is concluded that due in particular to their design and set back from the northern

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Decision Notice PLANNING AND BUILDING (JERSEY) LAW 2002


edge of the site, the buildings will provide Improved views and achieve a visual gain. In these unique circumstances it is therefore considered that approval of the appUcatlon is justified as a minor departure from the requirements of poficy NE6. The scheme Is considered to satisfy the requirements of polices GD1 (General Development Considerations), GD7 (Design Quality) and GD5 (Skyline. views and vistas).

INFORMATIVE: This permission is given on the basis of the Conditions attached to this Decision Notice together with the associated Planning Obligation Agreement relating to the Landscape Management Plan, the restricted occupancy of the Guest Cottage and the continued availability of the north coast footpath to members of the public at all times.

This permission Is granted subject to compliance with the following conditions and approved plan(s):

Standard conditions A The development shall commence within three years of the decision date.

Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance.

8. The development hereby approved shall be carried out entirety in accordance with the plans, drawings, written details and documents which form part of this permission. Reason: To ensure that the development is carried out and completed in accordance with the details approved.

Additional Conditions:

1. Not all of the area outlined In red on the Location Plan Is hereby condoned as Residential Curtilage. The extent of the the residential land associated with this dwelling shall not exceeecl that shown on the approved drawing "Domestic Curtilage Plan•.

2. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 201 1. or any amendment to or replacement of that order, no works involving the erection of a building, extension, structure, gate, wall , fence or other means of enclosure, tank. conversion of garages or lofts, the creation of any new openings in the external fabric of the building (or the replacement of any windows with doors or vice versa), or the Introduction ot any hard standing to any ground surface, nor the installation of any lighting Is permitted without the prior written approval of the Department of the Environment.

3. A Percentage for Art contribution must be delivered prior to the first occupation of the dwelling hereby approved In accordance with a Percentage For

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Art Statement to be submitted to and agreed in writing by the Department of the Environment in advance of the delivery of the contribution

4. No part of the development hereby approved shall be ocoupied until details of drainage have been agreed with the Department of the Environment and the agreed drainage Installed and made operational, and the development connected to the system.

5. Prior to their first use on site, other than where shown on the Granite Wall locations drawing hereby approved, the details all of the means of enclosure within the site and around the edge of !he residential land associated with the dwelling. such as walls. fences and hedges. shall be submitted to and approved in writing by the Department of the Environment The agreed details shall then be implemented in full prior to the first occupation of the dwelling, and thereafter retained as approved.

Reasons:

1. For the avoidance of doubt. to ensure the protection and restoration of the natural landscape proposed, and to avoid the domestication of areas beyond what Is considered a reasonable curtilage for the site, which would have a detrimental impact upon the character of the area, the Green Zone and the Coastal National Park, which would fail to satisfy the requirements of policies GD1 , GD5. NE6 and NE7 of the 2011 Jersey Island Plan (Revised 2014).

2. Planning Permission has been granted on the basis of the specific scale and design submitted and the Impact on the character of the area. Due to this and the prominence of the slte It is considered neceesary to require addiUonal controls to safeguard the character and visual amenities of the area In accordance with policies GD1, GD5 and NE6 of the 2011 Jersey Island Plan 2011 (Revised 2014).

3. In accordance With the requlrments of policy GD8 of the 2011 Jersey Island Plan (Revised 2014).

4. To ensure that drainage will be adequately dealt with, in accordance Vo(ith policies NR1 and LWM2 of the 2011 Jersey Island Plan (Revised 2014).

5. To promote goOd design and to safeguard the character and appearenoe of the surrounding area, In accordance with Policies GD1, G07, NE6 and NE7 of the Adopted Island Plan 2011 (Revised 2014).

FOR YOUR INFORMATION

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Planning Application NumQer P/2015/0450

The approved plans can be viewed on the Planning Register at www .aov.jelplanning

The foll.owing plan(s) has/have been approVed. Location Plan 880 201 Proposed Site Plan 880 203C Proposed Ground Floor Plan 880 204C Proposed First Fioor Plan 880 205C Proposed Guest Cottage Plans 880 206A Proposed Elevations 880 2078 Proposed Sections 880 2088 Proposed Green House Plan 880 218 Proposed Pool House Elevations 880 219 Existing Vegetation Appraisal 880 220 Proposed Landscape Plan 880 221C Foul Sewer Assessment Amended Healhland Management Plan 1 0 October 2017 Granite wall sample Granite Wall locations Shutters detail Window details Oecldng details Gravel Surfacing details Hard paving details Domestic Curtfiage Plan

DECISION DATE:

The development may also require buildi ng permission, for which a separate application will need to be made. If you are In any doubt as to whether bui lding permission Is required please telephone the Building AppllcatJons Team on 448407.

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